Recent Comments

So a number of us (over 200, in fact) waited 45 minutes for Brian Brown’s live chat that was due to start at 7 PM EST, but he never showed, despite asking supporters in an e-mail to come. Wow.Jeremy has some of the awesome chat feed while we were waiting, though.

But Brian did find time to film a video asking for contributions. It makes me nauseous. Watch.

Here at Prop8TrialTracker.com, where we actually do show up when we say we will, day-in and day-out, at all hours, we could use your help supporting the NOM Tour Tracker, Prop 8 coverage. Tomorrow evening, we’ll be coming to you from St. Louis, MO. Getting our trackers to each stop and getting coverage for you up on this site costs money. Please chip in to support this coverage. Plus, if you do so, it’ll be matched 1:1 by a special $25,000 match from Tom Dolby and Drew Frist, just married last year, in honor of today’s decision.

Via Box Turtle Bulletin, Liberty Counsel blames the Alliance Defense Fund for the verdict. Circular firing squads on the right are fun.

Over e-mail, Shannon Minter with National Center for Lesbian Rights- who was lead counsel on the original CA Supreme Court case in 2008- sent this dispatch into colleague Rex Wockner. With permission, he has given permission for it to be published. It’s interesting.

This is a tour de force-a grand slam on every count. The court held that Prop 8 violates the fundamental right to marry and discriminates on the basis of both sex and sexual orientation in violation of the equal protection clause. The court held that laws that discriminate based on sexual orientation must be subject to the highest level of constitutional review, but that Prop 8 would fail even the lowest test, because it is based solely on moral disapproval of gay people. The court made detailed findings of fact about all of the evidence presented and the credibility of the witnesses. This is without a doubt a game-changing ruling. Today’s decision is the most comprehensive, detailed decision addressing the constitutional rights of same-sex couples to affirmative recognition and support ever to be issued by a federal court.

How well put together is this decision?

The decision is meticulously crafted. Judge Walker reviewed the entire record and made detailed factual findings about all of the evidence and the credibility of the witnesses. He also supported his ruling on multiple legal grounds. For example, he found both that laws that discriminate based on sexual orientation are subject to the highest level of constitutional protection, but that Prop 8 would fail even under the lowest level of protection because it serves no legitimate purpose. This is a remarkably careful, thorough, and deliberate decision, obviously written with an eye to presenting appellate courts with the strongest possible factual and legal basis for the ruling.

What’s the impact on higher courts? Why?

The appellate courts are not strictly bound by the court’s factual findings, but they generally give such findings a great deal of deference. The appellate courts also will undoubtedly will give considerable weight to Judge Walker’s careful legal analysis, although they ultimately will make their own independent assessment of what the law requires.

Does the ruling apply only in CA or to all laws that bar ss couples from marriage?

Judge Walker’s decision addressed only the situation in California, which stripped same-sex couples of the right to marry while leaving them with an inferior institution of domestic partnership. He also made many factual findings that are specific to Prop 8. But many aspects of his legal reasoning would also apply to other laws that bar same-sex coupes from marriage or otherwise discriminate against LGBT people.

Obama’s statement (on his birthday, no less): “The President has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans.” Pretty vanilla- kind of reminds me of the one made in response to The Advocate inquiry for a position on No On 1/Referendum 71, actually- but it’s still nice to see. And I do recall the Obama speaking out against Prop 8 back in 2008, and the Obama-directed DNC donate to the cause.

I’m straight and have been in a monogamous marriage for 22 years. “A right you reserve for yourself and deny others is not a right but a privilege”. I want the society that I live in to provide equal rights for all. Thank you for your efforts to provide information and help keeping us up to date. You deserve a big thank you for your efforts. I know this is just another step in our journey but it’s worth taking time to celebrate.

You’re welcome. We really do appreciate the pat on the back. And thanks for being a straight ally!

Includes several videos, including this blast from the past — the deposition of the infamous William Tam:

What’s your favorite Tam quote?

UPDATE FROM EDEN: As Adam noted earlier, Ted Olson and David Boies are being interviewed right now by Rachel Maddow on MSNBC. Interview started at 6:16 PST.

UPDATE FROM EDEN: Caitlin Maloney, the Courage Campaign Institute’s Data Director, is at the San Francisco rally and march. She says there are thousands marching from the Castro to the Civic Center. Pictures may be coming soon!

And here they are, from rally participant Alan Beach-Nelson, marching with Caitlin and company:

(Courtesy of Alan Beach-Nelson)

What an inspiring and moving scene!

In the left-hand lower corner of the photo above, I can see Sarah Callahan, the Courage Campaign Institute’s COO, with her child Jack and Caitlin Maloney, our Data Director (in brown). Wish I was there with the Courage team. (I’m actually only a few miles away, but have to stay on the computer to keep updating the Trial Tracker!).

Harvey Milk’s spirit is alive and well. And he was “represented” at the march as well — check out the black-and-white face above the Castro flag being unfurled for the march above.

(Courtesy of Raffael Alva)

If any of you have links to pictures of video from rallies happening across the country, please post them in the comments!

UPDATE BY EDEN: News coming in (and pics soon hopefully) from the West Hollywood celebration. The L.A. Times is there and interviewed Rick Jacobs, the Courage Campaign Institute’s Chair and Founder:

Celebrators carried signs saying “Equality Now” and waved miniature rainbow flags. Among the participants was Rick Jacobs, founder of the Courage Campaign Institute, an organizing network that pushes for equality.

“The work is just beginning. We have to change the way people think before it gets to the Supreme Court,” Jacobs said. He said they’re working toward that goal with an online project where gays and lesbians can share their stories. “Gay people and lesbians are great parents, partners in marriage and families,” Jacobs said.

will someone w/ Eden's email addy at hand, make sure he sees this link to evidence? Probably worth including in one of the updates.

5. AndrewPDX | August 4, 2010 at 10:44 am

Posted on the previous thread, but I'm too giddy to keep from repeating myself:

“I believe that today the principle of equal dignity must apply to gay and lesbian persons. In that sense, insofar as we are a nation founded on this principle, we would he more American on the day we permitted same-sex marriage than we were the day before.” — David Blankenhorn, witness for the defense

Decent, and not really committal. But I think he's happy with the decision.

8. Straight Ally #3008 | August 4, 2010 at 10:50 am

A bit o' Schadenfreude: thinking about the fact that the first two states to vote in the 2012 Presidential primary season, Iowa and New Hampshire, are marriage-equality states. Gonna be some interesting campaigning!

9. Cat | August 4, 2010 at 10:52 am

I thought this trail was Perry VERSUS Schwarzenegger? Now he's happy he's lost? I'm confused. Why did he let NOM fight a case he didn't believe in, in his name? Couldn't he just say: oh, my bad; judge, please overturn prop 8. I don't know what I was thinking. Sorry. Have a cigar.

Including a deposition video of William Tam. 35 minutes, if you can stand it.

Much much more at the link you provided.

If Trackers would like to excavate it for useful nuggets, we'll front-page as many as we can!

11. Josh | August 4, 2010 at 10:57 am

Watching Keith Olbermann's rebroadcast of his comment on the passing of Prop 8 on 11/10/08 on CNN.

Very well written and delivered. Bringing tears to my eyes.

12. Kathleen | August 4, 2010 at 10:58 am

He was a named defendant because this is a California law and he's the governor of California. However, he chose not to offer a defense. Jerry Brown (as attorney general for the state) was also a named defendant. He went even further; he not only chose not to offer a defense, but said he agreed that it was unconstitutional.

That's why the Proponents of Prop 8 had to step in as Defendant-Intervenors – none of the named defendants would defend it.

13. Josh | August 4, 2010 at 11:00 am

Boies and Olson will be on Rachel Maddow, CNN.

14. Ben Lewis | August 4, 2010 at 11:02 am

An interesting note about the Brian Brown video — the audio was cut & pasted together, and doesn't match the video. I bet he talked for about 5 minutes, then decided that most of what he said wouldn't do.

15. PDD | August 4, 2010 at 11:09 am

from Wiki

Defendants-
Attorney General Brown chose not to defend the lawsuit, saying that Proposition 8 violates the 14th Amendment and should be struck down. Governor Schwarzenegger took a more neutral path, saying that he supported the lawsuit because the Proposition 8 conflict asks "important constitutional questions that require and warrant judicial determination." None of the state officials named in the suit sought to defend the law in court.
Two groups, the official proponents of Proposition 8 led by Dennis Hollingsworth, and a rival group, the Campaign for California Families, sought to intervene as defendants. The court allowed the official proponents to intervene, filling the void left by the state officials’ acquiescence. The judge denied the request from the Campaign for California Families.

16. Sagesse | August 4, 2010 at 11:10 am

Following the trail.

17. Ķĭŗîļĺę& | August 4, 2010 at 11:11 am

I hope people are watching right now Rachel Maddow on MSNBC!
RIGHT NOW!!!
Boies and Olson will be on the show today! NOW!
I'm listening to her with Felyx and Papa Foma!

18. Kathleen | August 4, 2010 at 11:16 am

Tweet from "be4marriage"NOM reports giant green zombies are attacking heterosexual couples up and down California coast. Magical plants only protection

touch down, media coverage, Maddow was amazing, she informed folks that they couldn't find a better read anywhere, than Walker's ruling whcih they could find on the internet,

she did a bang on job on her show tonight. it's in the media

26. Kathleen | August 4, 2010 at 11:42 am

Can you see the steam coming out of her ears?

If this ruling is upheld, millions of Americans will face for the first time a legal system that is committed to the view that our deeply held moral views on sex and marriage are unacceptable in the public square…

That's just silly. Her views are acceptable in the public square. Hell, we allow the Klan to march!

'Did our Founding Fathers really create a right to gay marriage in the U.S. Constitution?'

Hmm… A more accurate question would be: 'Did our founding fathers create a right for religious organizations to enforce their moral beliefs through the law?'

Uhm, why no, they did not.

'Judge Walker's view is truly a radical rejection of Americans' rights, our history and our institutions that will only fuel a popular rebellion now taking place against elites who are more interested in remaking American institutions than respecting them.'

Get yer guns! The second american revolution is about to begin!

'Parents will find that, almost Soviet-style, their own children will be re-educated using their own tax dollars to disrespect their parents' views and values.'

I voted* and then left a comment as instructed (actually a peived of my mind… nothing obsene or vulgar) and after SUBMIT the page was overlayed with gray and became inoperable. They must be investing a LOT of money in monitoring comments!

* 42% for equality, 48 were bigots

32. rf | August 4, 2010 at 11:51 am

She isn't getting much love in the comments

a sample:
"well if we are going to follow what the founding fathers wanted, you maggie wouldn't be allowed to write this let alone lead your organization. you as a woman wouldn't be allow to vote for or against gay marriage or any issues at all. If you were a black women then not only would you not be allowed to vote but you wouldn't even be considered a human and would probably either way be dead now from child birth or spousal abuse."

A little nitpicky. I don;'t think a black women could legally get married (except for a fake sham wedding in secret), so she's unlikely to have died of spousal abuse. would more likely it'd be from overwork, childbirth, or the whims of her masters.

33. Rightthingtodo TX | August 4, 2010 at 11:54 am

does anyone know if the full boies olson press conference is preserved anywhere? couldn't find it on you tube or afer's website.

34. Ben | August 4, 2010 at 12:01 pm

It's up to 45% for equality now.

35. Stormy | August 4, 2010 at 12:02 pm

felt compelled to donate because 1) yay! win!; and 2) I won't be able to make the StL NOM protest tomorrow

Why oh why couldn't they come to my side of the state?

36. Sarah | August 4, 2010 at 12:03 pm

Did our Founding Fathers create a right to interracial marriage in the U.S. Constitution?? Desegregation of schools?? Freedom for women and African Americans to vote??

THAT is why rights should not be put to popular vote. The masses (or at least the smaller masses who turn out to vote) are not always right!

I always like to ask, "What would our world be like if 'the people' had voted on the issue of slavery? Or desegregation? Or interracial marriage?" Ponder that, and then get back to me about your "right to vote on marriage in our country".

I offer a rebuttal, comprising something said by Wanda Sykes: If you don't believe in same-sex marriage, don't get married to someone of the same sex.

(Might be good for that to be on posters in St. Louis tomorrow. Another idea: Direct quotes from Judge Walker's ruling on posters and banners. Yeah, anybody working in a banner shop overnight tonight? Put his concluding paragraph on a big banner!!)

Maggie Gallagher does seem to wish to foist her personal views — and personal issues — onto the "public."

Wow!
Faggie Gayllagher is now trying to make us believe that SCOTUS, of course, will uphold Prop 8! Yeah, right!
Not surprising, though, that's exactly what I expected to hear at this step from NOMosexuals.

40. Meet me in St. Louis | August 4, 2010 at 12:11 pm

Wow – excellent response

She's doing quite a vigorous dance around the central issue of her bigotry.

41. Meet me in St. Louis | August 4, 2010 at 12:12 pm

Love it

Would love to see Blankenhorn's (exact) statement on a big banner in St. Louis tomorrow

@Sarah: Exactly – as rf mentions below, she is getting quite hammered in the comments.

Several of them pointed out that if we *really* want to go back to life in the founding father's day, (paraphrasing) she should just shut the hell up and start cooking dinner, unless of course, her husband is wealthy enough to own some slaves to do it for her.

Heh. I think of the 50 or so I read, only 2 seemed to support her, and one seemed 'middle-of-the-road'.

As mentioned in the judge's ruling (if you actually take the time to read it in its entirety), he cites a Supreme Court Case decision which (paraphrasing) states that fundamental rights must be granted and can NOT be subject to popular vote. The courts exist partially to protect the rights/freedoms of a minority from the potential tyranny of the majority.

If you read the entire decision rather than cherry-picking soundbites, you'll see how Judge Walker came to his conclusions, and why he came to his conclusions. You'll also see that the people who were defending Prop 8 in court truly did a horrible job. They really left Judge Walker no choice — how could he rule in favor of people who, when asked "what evidence do you have" (to support a claim), responded with "we don't need evidence.?" How as a practicing attorney can you possibly think that you don't "need evidence" when testifying in a court of law?

Judge Walker absolutely got this decision right. As a straight married woman, I can honestly say that I am thrilled that our state will once again have marriage equality. Now I just hope the case gets through the 9th Circuit and the SCOTUS in a hurry. When marriage equality is the law throughout the United States, it will be a wonderful day indeed.

49. PamC | August 4, 2010 at 12:45 pm

Medical magical plants? Oh, different California issue….

50. the lone ranger | August 4, 2010 at 1:02 pm

Nonetheless, as of this post, equality is winning, 49%-44%, with over 112,000 total votes. I'm momentarily impressed with Faux News viewers.

51. the lone ranger | August 4, 2010 at 1:16 pm

One thing (of many, of course) that's really great about all this is the publicity the trial is finally getting on the big national news sites, including most importantly the PDF link to the ruling and evidence. If even only one anti-equality minion has sufficient curiosity to read all the arguments behind the ruling (which have thus far been kept from the public), and maybe thinks, "OK, I'm not a fan of gay marriage, but the judge makes a few good points", then maybe down the road we'll have won over one more vote in the court of public opinion. That certainly won't hurt when in the next year or two the case comes before SCOTUS, and the pundits are assessing the national zeitgeist.

Little did I know when I went to the West Hollywood rally tonight that I was going to see all the participants in this trial that I had been reading about all year, both plaintiff couples, David Boies and Ted Olsen, as well as Rick Jacobs, Rob Reiner, Los Angeles Mayor Villaraigosa and Dustin Lance Black. Others, too, I just can't think right now. I got to thank David Boies in person and shake his hand for a job well done. Really? I did? On the very day the ruling was delivered? Too cool!

57. eDee | August 4, 2010 at 3:15 pm

A Bible verse keeps coming to mind "Let My People Go!" Or in this case it would be Set My People Free.

Maybe because it's 1 am and I can't breathe. Or maybe because I may only be a straight ally, but we are all Americans. We may not be 'blood of the same blood', but we are all one under the same flag.

Going to sit in front of the A/C now and attempt to inhale and sleep at the same time.

Night all.

58. omini | August 4, 2010 at 3:48 pm

Guys, we need to spread this poll to as many eqiality minded people as we can, and absolutely it. Fox was touting the "voice of the people" when prop 8 passed and during the trial over the legality of voting on people's rights, now its time to show them that the "voice of the people" doesnt always agree with them!

Go facebook it, tweet it, email it, foreward it, blog about it, and then get your friends to do the same! Lets see how high of a deficit we can rack up between "unconstitutuonal" and "one man one woman" before Faux news closes the poll out of shame!

As for your thanks for the "pat on the back" — it was more than that. There are thousands and thousands of straight people in this country that are on the right side of this issue (it is absolutely wrong to discriminate against gays in any way and especially in the area of marriage) and who take this very seriously, as a core issue regarding what our country stands for. I say, good for all of us. I am straight, married 20 years, 3 boys, and I want them and all children to grow up in a country that embraces differences and sees none where there should be none, if that makes sense. I want it no longer painful for a young person struggling with his or her identity to live in shame or fear. This is a great step. I want gays to have the legal AND emotional benefits of marriage. I want their children to get to be proud but also to think their gay parents are normal, that love is all that counts. May the Supreme Court honor it, I pray (hard, we'll need it.) Thanks for everyone's hard work. A good day.

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